Vermont's Constitutional Carry: A Historical Overview

when did vermonth pass constitutional carry

Vermont has a unique history of gun laws, with a permissive gun policy that is hard to distinguish from other state constitutions. The state has always allowed constitutional carry, or Vermont carry, where no permit is required for open or concealed carry, and this applies to both residents and non-residents. In 1903, the Vermont Supreme Court ruled that an individual had the right to carry a weapon, openly or concealed, for self-defence. In 2018, Vermont enacted laws requiring background checks for private sales and raising the minimum age to purchase firearms to 21, among other restrictions.

Characteristics Values
Constitutional carry in Vermont No permit is required for open carry and concealed carry
Who is allowed to carry Both residents and non-residents 16+ who can legally own a firearm
Gun laws in Vermont Regulate the sale, possession, and use of firearms and ammunition
Background checks Required for private sales
Minimum age to purchase firearms 21 (16 if purchasing a long gun from a non-federally licensed firearm dealer and the purchaser presents a certificate of completion of a hunter safety course)
Sale of magazines Banned for handguns (holding more than 15 rounds) and rifles (holding more than 10 rounds)
Possession of bump stocks Banned
Police authority Can seek a court order to seize guns from anyone deemed an extreme risk

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Vermont's gun laws

Vermont has a long history of permissive gun laws. The state's constitution, dating back to 1777, guarantees citizens the right to bear arms for self-defence and the defence of the state. Notably, Vermont is the only state that has never required a permit for concealed carry.

In recent years, however, Vermont has enacted more stringent gun control measures. In 2018, the state passed laws requiring background checks for private gun sales and raising the minimum age to purchase firearms to 21. There are some exceptions to the age rule, such as for law enforcement, active or veteran members of the National Guard or the U.S. Armed Forces, and those who have completed a hunter safety course. The 2018 laws also banned the sale of high-capacity magazines, defined as magazines that hold more than 15 rounds for handguns and more than 10 rounds for rifles. Additionally, the possession of bump stocks was prohibited, and police were authorised to seek court orders to seize guns from individuals deemed to be an extreme risk.

The state also regulates the transfer of firearms, prohibiting unlicensed individuals from transferring a firearm to another unlicensed person without the involvement of a licensed firearms dealer. There are some exceptions to this rule, such as transfers by or to law enforcement officers and transfers between immediate family members.

While Vermont has traditionally had more relaxed gun laws compared to other states, the recent legislative changes demonstrate a shift towards implementing more comprehensive gun safety measures.

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The Second Amendment

Vermont has a unique history when it comes to gun laws and is often cited as an example of unrestricted gun ownership. The state's constitution, which dates back to 1777 when Vermont was an independent republic, guarantees its citizens the right to bear arms for self-defence and the defence of the state. The relevant portion of the Vermont Constitution states: "That the people have a right to bear arms for the defence of themselves and the State – and as standing armies in time of peace are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to and governed by the civil power."

For decades, Vermont was the only state to allow "constitutional carry," which means carrying a handgun openly or concealed without any government permit. The phrase "Vermont carry" is often used interchangeably with "constitutional carry." This permissive gun policy in Vermont has been attributed to its singular history, being removed from slavery and reconstruction, and its rural and sparsely populated nature.

In recent years, other states have followed Vermont's lead in passing constitutional carry laws, with Nebraska becoming the 27th state to do so. However, Vermont's gun laws are not entirely unrestricted. For example, buyers under 21 years old must meet certain requirements, such as completing a hunters course or having a military background. Additionally, Vermont has begun to pass laws that limit firearms purchases, indicating a potential shift towards more restrictive gun laws in the state.

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Vermont's history

Vermont has a unique history when it comes to gun laws and constitutional carry. It is the only state where constitutional carry has always been allowed, with no distinction between residents and non-residents. This is due to the state's constitution and court rulings.

The Vermont Constitution of 1777, dating back to when Vermont was an independent republic, guarantees certain rights and freedoms to its citizens, including the right to bear arms for self-defence and the defence of the state. The constitution also states that standing armies in times of peace are a danger to liberty and that the military should be governed by civil power. This right to bear arms provision is similar to that of other early state constitutions, such as Pennsylvania and Kentucky.

In 1903, the Vermont Supreme Court further solidified the state's stance on gun laws by ruling in favour of an individual's right to carry a weapon, openly or concealed, for self-defence. The case, known as State v. Rutland, involved the city of Rutland passing an ordinance prohibiting the carrying of weapons without permission from the mayor or police chief. The Vermont Supreme Court struck down this ordinance as "repugnant to the Constitution and the laws of the state," setting a precedent for gun laws in the state.

However, in recent years, Vermont has made some changes to its gun laws. In 2018, the state implemented background checks for private sales, raised the minimum age to purchase firearms to 21 (with some exceptions), banned high-capacity magazines, and banned the possession of bump stocks. These changes represent a shift towards more regulation, but Vermont remains a constitutional carry state, allowing individuals to carry firearms openly or concealed without a permit.

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Vermont's ammunition laws

Vermont law also prohibits the sale or provision of ammunition to minors under the age of 16 by anyone other than a parent or guardian. However, federal law imposes stricter age requirements on ammunition sales. Additionally, Vermont does not impose special taxes on ammunition and firearms, maintaining a standard sales tax rate of 6%, with some localities adding an extra 1% in taxes.

While Vermont's laws are generally permissive, the state has taken some steps towards stricter regulations. In 2018, Vermont enacted laws requiring background checks for private sales and raising the minimum age to purchase firearms to 21, with some exceptions. The state also banned the sale of high-capacity magazines and the possession of bump stocks. These changes reflect a gradual shift towards more stringent gun control measures in Vermont.

Vermont's unique history and constitutional provisions have contributed to its permissive gun policies. The state's constitution guarantees its citizens the right to bear arms for self-defence and the defence of the state. Notably, Vermont's Supreme Court affirmed this right in 1903, upholding an individual's right to carry a weapon openly or concealed for self-defence. This ruling set a precedent that discouraged municipalities from enacting their own firearm restrictions. As a result, Vermont has become known for its "`constitutional carry'" or "Vermont carry" laws, allowing residents and non-residents alike to carry firearms without prior state approval.

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Vermont's gun laws and other states

Vermont has historically had permissive gun laws, with its constitution guaranteeing citizens the right to bear arms for self-defence. The state does not distinguish between residents and non-residents, allowing both to carry firearms without prior state approval. Vermont law also does not differentiate between the open or concealed carry of any firearm.

In 1903, the Vermont Supreme Court ruled that individuals had the right to carry a weapon, openly or concealed, for self-defence. The state's rural character, strong hunting and outdoor sports traditions, and low homicide rate have contributed to its historically relaxed gun laws.

However, in 2018, Vermont tightened its gun laws by requiring background checks for private sales and raising the minimum age to purchase firearms to 21. The state also banned the sale of high-capacity magazines, prohibited the possession of bump stocks, and gave police the authority to seize guns from individuals deemed extreme risks. These changes were influenced by the passage of similar laws in other states, such as New York's Sullivan Act in 1911, and by efforts to address public safety concerns.

Vermont's gun laws stand in contrast to those of other states, such as New York and California, which have more stringent gun control regulations. For example, New York's Sullivan Act, enacted in 1911, made gun permits a requirement, while California has some of the strictest gun laws in the country, including universal background checks and a ban on assault weapons.

While Vermont has traditionally allowed constitutional carry, other states have been debating similar measures. For instance, in 2015, New Hampshire considered a bill that would repeal licensing requirements for carrying a concealed handgun, showcasing the ongoing dialogue surrounding gun laws in the United States.

Frequently asked questions

In the United States, the term constitutional carry, also called permitless carry, unrestricted carry, or Vermont carry, refers to the legal public carrying of a handgun, either openly or concealed, without a license or permit.

Yes, Vermont is a constitutional carry state. It is the only state where this has always been the case.

No, Vermont does not issue permits for carrying firearms.

No, Vermont law does not distinguish between residents and non-residents of the state. Both have the same right to carry without prior state approval while in Vermont.

As of 2025, 27 states have passed a constitutional carry bill, with Nebraska being the latest.

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